Terms and Conditions

Acceptance of Agreement

 

By using this Site, you represent to us that you have read and agree to the terms and conditions set forth in this legal statement, which constitutes a legal and binding agreement between you and us (the "Agreement"). This Agreement constitutes the only and entire agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of the Site and the Service. This Agreement may be amended at any time by us, and from time to time, without any notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using or viewing this Site or the Service. You also agree to comply with U.S. law regarding the transmission of any information or data obtained from the Site or the Service in accordance with this Agreement. You also agree to not disrupt or interfere with the Site or the Service or use the Site or the Service for illegal purposes.

 

Changes To This Agreement

 

SPECTREM, INC. may make changes to this Agreement from time to time in its sole discretion.

Each time changes are made to this Agreement, a revised Agreement will be posted on the Site.

Your continued use of any of portion the Site following the posting of changes constitutes your

acceptance of any such changes. You can review the most current version of this Agreement

here. Please check this page from time to time for current terms of use.

 

Our Privacy Policy

 

The information that we obtain through your use of any portion of the Site, whether through the registration process or otherwise, is subject to the privacy policy posted on the Site ("Privacy Policy"). The Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site.

 

Other Policies

 

Your use of the Site is also subject to the other policies, disclaimers and guidelines we post on the Site from time to time.

 

Termination of Your Access to Millionaire Corner Services

 

You agree that SPECTREM, INC., in its sole discretion, may terminate your access to any of Millionaire Corner Services, and/or remove, discard or modify any Submission or content within Millionaire Corner Services, for any reason, including, without limitation, for lack of use or if SPECTREM, INC. believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to Millionaire Corner Services

may be effected without prior notice, and acknowledge and agree that SPECTREM, INC. may

immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Millionaire Corner Services. If you use the Site in violation of this Agreement, SPECTREM, INC. may, in its sole discretion, retain all data

collected from your use of the Site. Further, you agree that SPECTREM, INC. shall not be liable

to you or any third party for the discontinuation or termination of your access to Millionaire Corner Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.

 

Information Disclaimer and Disclaimer of Warranties

 

BY USING MILLIONAIRE CORNER SERVICES YOU UNDERSTAND AND AGREE

THAT:

 

• NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL

 

ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE.

SPECTREM, INC. AND THOSE POSTING OR OTHERWISE PROVIDING

INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT

RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY

OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE

INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.

 

• YOUR USE OF MILLIONAIRE CORNER SERVICES IS AT YOUR SOLE

 

RISK. MILLIONAIRE CORNER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPECTREM, INC. EXPRESSLY DISCLAIMS

ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

• SPECTREM, INC. MAKES NO REPRESENTATION OR WARRANTY THAT

 

MILLIONAIRE CORNER SERVICES WILL MEET YOUR REQUIREMENTS, THAT MILLIONAIRE CORNER SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MILLIONAIRE CORNER SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH MILLIONAIRE CORNER SERVICES WILL MEET YOUR NEEDS.

 

• ANY MATERIAL OBTAINED THROUGH THE USE OF MILLIONAIRE CORNER

 

SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

 

• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM MILLIONAIRE CORNER SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN  THEIR TERMS.

 

• YOUR USE OF MILLIONAIRE CORNER SERVICES IS ALSO SUBJECT TO THE THE FINANCIAL DISCLAIMERS HERE.

 

Limitation Of Liability

 

YOU UNDERSTAND AND AGREE THAT SPECTREM, INC. IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, MILLIONAIRE CORNER SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR MILLIONAIRE CORNER SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL SPECTREM, INC.'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification of SPECTREM, INC.

 

You agree to defend, indemnify and hold SPECTREM, INC., its subsidiaries and affiliates, and its and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any

way connected with (a) Submission or other content you submit or that is submitted from your account, (b) your use of or reliance on Millionaire Corner Services, (c) your connection to the Site, (d) your violation of this Agreement, or (e) your violation of any rights of another party.

 

Copyright and Trademark Notices

 

You acknowledge and agree to the copyright and trademark notices posted elsewhere on this site.

 

No Other Agreements Between Us

 

With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and SPECTREM, INC. for governing your use of the Site and Millionaire Corner Services and supersedes any prior agreements between you and SPECTREM, INC. for that purpose, including any membership agreements or other similar agreements applying to the Site or Millionaire Corner Services.

 

Law Applicable to Interpretations and Disputes

 

This Agreement and the legal relations thus created between SPECTREM, INC. and you (including, without limitation, any dispute between SPECTREM, INC. and you arising out of or related to this Agreement) shall be governed by and construed under and in accordance with the internal laws of the State of New York without reference to its principles of conflicts of laws. Any such dispute will be heard and determined at SPECTREM, INC.’s discretion in the appropriate federal court located in the State of New York in the County of New York or the appropriate New York state court located in the County of New York, and you submit yourself and your property to the non-exclusive jurisdiction of the foregoing courts with respect to such disputes. You acknowledge that IAC/InterActiveCorp, SPECTREM, INC.’s parent company, is headquartered in New York City and for that and other reasons this Agreement and the undertakings of the parties hereunder bear a reasonable relation to the State of New York. You (i) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the courts referred to above on the grounds of inconvenient forum or otherwise

as regards any dispute between SPECTREM, INC. and you arising out of or related to this Agreement, (ii) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the laying of venue in the courts referred to above as regards any dispute between SPECTREM, INC. and you arising out of or related to this Agreement and (iii) agree that a judgment or order of any court referred to above in connection with any dispute between SPECTREM, INC. and you arising out of or related to this Agreement is conclusive and binding

on you and may be enforced against you in the courts of any other jurisdiction

 

Severability of This Agreement

 

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

 

Limitation of Actions Brought Against SPECTREM, INC.

 

You agree that any claim or cause of action arising out of your use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by SPECTREM, INC. to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

 

Contact Information

 

If you have any questions or concerns with respect to this Agreement or the Site, you may contact a representative of SPECTREM, INC. at info@spectrem.com or by mail at:

 

SPECTREM, INC., Inc., 840 S. Waukegan Road, Suite 211, Lake Forest, IL 60045 Attention:

Legal Department

 

Effective date: January 1, 2011

 

Disclaimer and Limitations of Liability

 

All information, data and analysis contained in the Site or the Service are provided "AS IS" and without warranty of any kind, either expressed or implied. All information, data and analysis provided by the Site or the Service is for informational and educational purposes only and is not a recommendation to buy or sell a security or basket of securities, including but not limited to equities, options and other derivative products, fixed income products, and ETFs. Spectrem believes all information, data and analysis contained in the Service to be accurate, but does not guarantee its accuracy. Under no circumstances, including, but not limited to, negligence, shall Spectrem, any of Spectrem´s affiliates, employees, or other third party data providers be liable to you for direct, indirect, consequential, incidental, special, punitive or exemplary damages even if an authorized Spectrem representative has been advised specifically of the possibility of such damages, arising from the use of or inability to use the Site or the Service, such as, but not limited to, losses, loss of revenue, anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Spectrem´s total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this Site or using the Service. All opinions expressed on this Site are subject to change without notice, and you should always obtain current information and perform

appropriate due diligence before making trades or investment decisions. Spectrem, any of Spectrem´s affiliates, employees, or other third party data providers may have long or short positions in the securities discussed in the Service and may purchase or sell such securities without notice. Spectrem uses various methods to evaluate investments which may, at times, produce contradictory recommendations with respect to the same securities. When evaluating the results of prior Spectrem recommendations or Spectrem performance rankings, you should also consider that Spectrem may modify the methods it uses to evaluate investment opportunities from time to time. For this and for many other reasons, the performance of Spectrem´s past recommendations or investments is not a guarantee of future results.

 

The securities mentioned in this Site or in the Service may not be eligible for sale in some states or countries, nor be suitable for all types of investors; their value and income they produce may fluctuate and/or be adversely affected by exchange rates, interest rates or other factors.

 

Links

 

The Site may from time to time display links to other websites or resources sponsored by third parties as a convenience to you. We are not responsible or liable for, and do not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products, services or other materials on or available from such websites or resources. Various third-party websites may provide links to this Site. We have not reviewed any or all of the third-party websites linked to this Site. We are not responsible for the content of any off-site pages or

any other websites linked to this Site. Your linking to this Site, off-site pages or other websites is at your own risk.

 

Termination of Service

 

Either you or Spectrem may terminate this Agreement with or without cause at any time and effective immediately. You may terminate the Agreement by discontinuing use of the Service and destroying all materials obtained from the Site or the Service. This Agreement will terminate immediately without notice from Spectrem if you, in Spectrem´s sole discretion, fail to comply with any provision of this Agreement. Upon termination by you or upon notice of termination by Spectrem, you must destroy promptly all materials obtained from the Site or the Service and any copies. The Copyrights and Trademarks and Disclaimer and Limitations of Liability provisions of this Agreement shall survive any termination of this Agreement.

 

Governing Law

 

This Agreement and your use of the Site and Service will be governed by the laws of the State of Illinois, as applied to contracts entered into between Illinois residents and performed in Illinois. Any dispute arising out of this Agreement or your use of the Site or the Service will be heard only in the state or federal courts located in Lake County, Illinois USA, and you consent and submit to the personal jurisdiction of such courts.

 

Site Operation

This Site is controlled and operated from the United States of America and we make no representation that any information, data or analysis contained on this Site or in the Service are appropriate for use in other locations. If you use this Site from other locations you are responsible for compliance with applicable local laws.

 

Pricing and Cancellations

 

Spectrem reserves the right to change the prices of any products or subscriptions provided by the Service. Unless otherwise specified, all subscriptions to the Service will be automatically renewed when they come up for renewal using the payment information we have on file.

 

Subscriptions may be cancelled at any time and are non-refundable. All payments made to Spectrem are made through a third party service. Spectrem is not liable for any monies lost during the transaction process, non-payment issues or declination of any credit card.

 

Other

 

The Site or the Service may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although Spectrem makes every reasonable effort to minimize such downtime, Spectrem does not guarantee full availability of the Site or the Service.

 

Interpretation

 

If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Agreement will remain in force. This Agreement states the entire agreement between you and us relating to use of the Site or the Service. This Agreement may not be amended except as provided above.

 

Contact

 

If you have any questions, concerns or comments, please contact info@spectremgroup.com